9911796707
TMI Blog2006 (8) TMI 524X X X X Extracts X X X X X X X X Extracts X X X X ..... cordingly. X X X X Extracts X X X X X X X X Extracts X X X X ..... ic Service Commission, West Bengal, shall be consulted before final orders are passed. Explanation. For the purpose of this article (a) a departmental proceeding shall be deemed to have been instituted on the date on which the statement of charges is issued to the officer or pensioner, or if the officer has been placed under suspension from an earlier date, on such date; and (b) a judicial proceeding shall be deemed to have been instituted (i) in the case of criminal proceeding, on the date on which the complaint or report of police officer, on which the Magistrate takes cognizance, is made, and (ii) in the case of a civil proceeding, on the date on which the plaint is presented or, as the case may be, an application is made to a Civil C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Rules were framed. The High Court has, in the impugned judgment, made reference to a decision of this Court in Deokinandan Prasad v. The State of Bihar and Ors. [(1971) 2 SCC 330] for coming to the conclusion that the rule in question is ultra vires. In the said case, this Court held that the right to receive pension was wrongly withheld by an executive order. The Judgment in Deokinandan Prasad's case in fact lends support to the vires of the rule since it was held in that case that an employee can be deprived of the pension by an authority of law. That authority, in the present case, is contained in the rules [Rule 10(1)], that were framed providing for withholding of the pension. Various State Rules or Regulations vest power for withh ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
